DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS v. HAMM

No. 96-1380.

113 F.3d 23 (1997)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Charles HAMM, Jr., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1997.


Attorney(s) appearing for the Case

ARGUED: Barry H. Joyner, Office of the Solicitor, United States Department Of Labor, Washington, DC, for Petitioner. Roger Daniel Forman, Forman & Crane, L.C., Charleston, West Virginia, for Respondent. ON BRIEF: J. Davitt McAteer, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber, Counsel for Appellate Litigation, Office of the Solicitor, United States Department Of Labor, Washington, DC, for Petitioner.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation.


Reversed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge DUFFY joined.

OPINION

WILKINSON, Chief Judge:

Respondent Charles Hamm is entitled to disability benefits for pneumoconiosis under both the federal Black Lung Benefits Act, 30 U.S.C. §§ 901-945, and the West Virginia workers' compensation statute, W. Va.Code §§ 23-1-1 to 23-6-1. The question before us is how to give proper effect...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases